Shew v. Colvin

956 F. Supp. 2d 1046, 2013 WL 3321885, 2013 U.S. Dist. LEXIS 91871
CourtDistrict Court, E.D. Missouri
DecidedJuly 1, 2013
DocketCase No. 4:12-CV-1219 (CEJ)
StatusPublished

This text of 956 F. Supp. 2d 1046 (Shew v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shew v. Colvin, 956 F. Supp. 2d 1046, 2013 WL 3321885, 2013 U.S. Dist. LEXIS 91871 (E.D. Mo. 2013).

Opinion

MEMORANDUM AND ORDER

CAROL E. JACKSON, District Judge.

This matter is before the Court for review of an adverse ruling by the Social Security Administration.

[1050]*1050I. Procedural History

On February 3, 2009, plaintiff Betty S. Shew 'filed an application for a period of disability and disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et. seq.; (Tr. 133-140), with an alleged onset date of January 31, 1998. After plaintiffs application was denied on initial consideration (Tr. 54-63), she requested a hearing from an Administrative Law Judge (ALJ). See Tr. 65-70 (acknowledging request for hearing).

Plaintiff and counsel appeared for a hearing on September 30, 2010. (Tr. 32-53). The ALJ issued a decision on December 10, 2010 denying plaintiffs application. (Tr. 15-24), and the Appeals Council denied plaintiffs request for review on May 10, 2012. (Tr. 1-4). Accordingly, the ALJ’s decision stands as the Commissioner’s final decision.

II. Evidence Before the ALJ

A. Disability Application Documents

In her Disability Report (Tr. 156-168), plaintiff listed her disabling conditions as cyclic cushings disease, severe high blood pressure, chest pain, migraine headaches, joint, back and neck pain, memory problems, fatigue, and tremors. She stated that when she experiences migraine headaches she can lose vision for up to an hour and that exhaustion and pain make it very difficult for her to accomplish tasks. Plaintiff wrote that she is a self-employed artist who approximately works four hours per day for two days a week. She stated that she has been unable to work full time since 1980 because of her pain, lack of stamina, and stress from art shows. In her Work History Report (Tr. 171-178), plaintiff listed her past work as book shelver, artist, and house cleaner.

In her Appeals Disability Report (Tr. 184-196), plaintiff added heart attack, atrial fibrillation, flutter, and three blocked arteries to her list of medical conditions, all of which she attributed to her high blood pressure. She wrote that she was suffering from stabbing, left side neck pain, memory lapses, and difficulty reading. She claimed that the pain from her atrial fibrillation causes her to be completely nonfunctional. She further stated that she forgets to brush her teeth, has to be reminded to take and order medicine, has trouble cooking and grocery shopping, and cannot take care of her home. She claimed that she was no longer working.

B. Heariny on September 30, 2010

At the time of the hearing, plaintiff was 56 years old. Plaintiff testified to earning an associates degree in graphic arts. (Tr. 32)1' She testified that Dr. Sandra Hoffman, M.D. was her primary care physician between her onset date of January 31, 2008 to September 30, 2002, the date she was last insured. Plaintiff stated that Dr. Hoffman treated her for hypertension, medication- side effects, acid reflux, and fatigue. (Tr. 34-36). Plaintiff claimed that she began to suffer from depression “in the last few years” as a result of being constantly sick. (Tr. 35, 50). Plaintiff stated that she suffered side effects from her medications, which included nausea, vomiting, and headaches. (Tr. 46-47).

The.ALJ referenced one of Dr. Hoffman’s treatment notes, which stated that plaintiff was working long hours in December of 2001. Plaintiff testified that the note was inaccurate. (Tr. 35-36). The ALJ referenced another of Dr. Hoffman’s notes which stated that plaintiff injured her elbow in December 2009 while playing in a family football game. Plaintiff testified that she threw the ball once, but was not participating in the game. (Tr. 36-37). The ALJ asked plaintiff why she waited until November 2003 to see a hypertension specialist. Plaintiff testified that she could not remember. (Tr. 37-38).

[1051]*1051Plaintiff testified that between January 31, 2008 and September 30, 2002, she suffered from high blood pressure, severe headaches, ocular migraines, dizziness, nausea, overall physical pain, chest pain, blurry vision, fatigue, and tremors. (Tr. 39^42, 44). Plaintiff claimed that she used to be an active person, but slowly became unable to take care of her home, grocery shop, cook, and sometimes had difficulties driving. (Tr. 42). Because of her fatigue she often slept 9 to 11 hours a day. (Tr. 43). Plaintiff further testified that she suffered from shortness of breath when she attempted to do activities like climbing stairs or lifting items. (Tr. 44).

Plaintiff explained that she worked part-time in a retail position for one year but could not handle the hours or lift heavy boxes. (Tr. 45-46). She then worked as a house cleaner, but had to quit because one day of work would cause her severe pain for the rest of the evening and the following day. (Tr. 46). Plaintiff further testified that her family tries to market and sell her artwork for money. (Tr. 46-47). Plaintiff claimed that she cannot maintain full-time employment because her conditions prevent her from working at least one to two days a week. (Tr. 49).

C. Medical Evidence

On February 4, 1998, Jamie Nobbe, R.P.T., a physical therapist at St. Anthony’s Medical Center, saw plaintiff for an initial evaluation for right hip pain. (Tr. 418-422). On March 17, 1998, plaintiff completed her first round of physical therapy. (Tr. 409-410). On April 27, 1998, Ms. Nobbe wrote that plaintiffs physical therapy goals were not accomplished because plaintiff did not return for any office visits subsequent to the March 17th appointment. (Tr. 410).

On October 8, 1998, plaintiff saw Dr. Hoffman for enlarged lymph nodes under her left arm, which Dr. Hoffman attributed to shaving. (Tr. 235). On November 30, 1998, plaintiff saw Dr. Hoffman for a routine physical and breast exam. (Tr. 324-235). On April 26, 1999, plaintiff complained of painful lymph nodes underneath both arm pits and cervical chain and tenderness of the abdomen. Dr. Hoffman ordered an ultrasound and noted that plaintiffs blood pressure was “suddenly 178/110.” (Tr. 234). This was the first note of high blood pressure in the record.

On November 23, 1999, Felice A. Rolnick, M.D., a colleague of Dr. Hoffman, wrote that plaintiffs hypertension was a recent development and that plaintiff was not tolerating the original medication. He stated that plaintiff had “a history of [] side effects from all kinds of meds [and she] does not like to take meds.” (Tr. 232). On December 15, 1999, plaintiff saw Dr. Hoffman with complaints of right elbow pain. Plaintiff explained that the injury was caused from her attempt to throw a football at a family game. (Tr. 232). On January 24, 2000, plaintiff saw Dr. Hoffman for a follow up regarding her high blood pressure and arthritis. During this appointment her medications were adjusted and Dr. Hoffman wrote that “anxiety may be a component of her blood pressure as it has gone up and down at different times.” (Tr. 231). On May 1, 2000, plaintiff saw Dr. Hoffman for a full physical. Plaintiffs EKG and chest x-ray produced normal results. Plaintiff complained of left sidéd chest pain and increased fatigue. (Tr. 230).

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Bluebook (online)
956 F. Supp. 2d 1046, 2013 WL 3321885, 2013 U.S. Dist. LEXIS 91871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shew-v-colvin-moed-2013.